Hamilton, Miller & Birthisel prevailed on World Fuel Services Corporation’s Motion for Summary Judgment in the Samsun Ambition matter (Korea Line Corp. v. WFS) on the issue of the enforceability of WFS’ contractual disclaimers in its fuel contract with vessel. The court held that the disclaimers were enforceable and in doing so, rejected all of plaintiff’s arguments that (1) the contract did not effectively absolve WFS of all liability and provided no deterrent to negligence; (2) the contract was void for public policy reasons because it violated MARPOL; (3) the contract failed to provide a minimum adequate remedy as the product had a latent defect; and (4) the contract is ambiguous.
The case was handled by Jerry Hamilton and Annalisa Gutierrez. View the full motion here.